HomeMy WebLinkAbout2004-09-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 9, 2004
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:03 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly arrived at 3:07 p.m.
Mayor Robert A. Spiegel
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
Robert W. Hargreaves, Deputy City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Amir Hamidzadeh, Director of Building & Safety
Philip Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
Duane K. Munson, Interim Director of Human Resources
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
1) Property: 44-491 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Robert A. Ford
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - 38-995 Desert Willow Drive, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Palm Desert Recreational Facilities Corporation
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) City of Palm Desert v. G. George Fox Declaration of Trust, Riverside
County Superior Court Case No. INC 035287
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
On a motion by Crites, second by Spiegel, and 4-0 vote of the City Council, with
Kelly ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:05 p.m. He
reconvened the meeting at 4:05 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
On behalf of the Coachella Valley Mosquito and Vector Control District, Indio,
California, MR. ART McKAY, Palm Desert Trustee, MR. DONALD E. GOMSI,
General Manager, and MR. ROBERT MANN, Public Information Officer, addressed
the City Council regarding West Nile Virus in the Coachella Valley.
MR. GOMSI reported that there was now a human case of the Virus in the eastern
end of the Valley; a mosquito pool was identified near La Quinta, and the District
would be fogging that area tonight. He added that there were chickens tested
positive in Palm Desert, which meant any mosquitos or birds could be spreading the
disease throughout the Coachella Valley. Residents were encouraged to take
precautions, such as wearing long sleeves, applying Deet repellant if outside
activities were planned, and if they were, morning was the best time, as mosquitoes
were more active between dusk and 1:00 a.m. Further, he offered that the District
was very interested in working with the City to review plans for future developments
on matters of drainage, storm basins, and design of underground basins and their
curbing, to eliminate areas where mosquitoes would populate.
MR. MANN stated that the District had put together a great deal of information on
West Nile Virus and had helped out many other California Counties, as well as the
States of Arizona, Colorado, and Utah. Brochures and posters were displayed and
available at all city halls and public libraries throughout the Valley. If an instance of
the Virus occurred in a particular territory, direct mailings were specifically targeted
there. He expressed appreciation to the City and its Code Compliance Department,
which has been particularly proactive in addressing standing water issues, and the
District looked forward to continuing to work with them.
In answer to Councilman Kelly's observation about water in the San Pascual
Channel east of the Civic Center, Mr. Croy said staff was trying to identify the
source(s) of that water and minimize it, and was working with the Mosquito & Vector
Control District to keep it treated. Mr. Gomsi added that the District has a list of "hot
spots" that it treated weekly (length of time of a mosquito's reproductive cycle), and
they were working closely with cities to control those water sources as much as
possible.
Councilmember Benson and Mayor Pro Tem Crites agreed that it would be good
for staff to consult with the District to ensure that its concerns were recognized when
projects are considered for approval by the City. Mayor Pro Tem Crites added that
the City also looked forward to working with the District on the Red Imported Fire
Ant problem.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE MARGARET T. (PEGGY) STEEN FOR
HER SERVICE TO THE CITY OF PALM DESERT AND ITS SISTER CITIES
COMMITTEE.
Ms. Steen was unable to be present at today's meeting.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of August 26, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 39, 40, 41, 44, and 46.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Apple Palm,
Inc., for Applebees Neighborhood Grill & Bar, 74-990 Frank Sinatra Drive,
Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Silvia Lucila Ortega and Ubaldo Ortega for Las Brasas, 73-091 Country Club
Drive, Suite A5 & A6, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by
Elvia Maria Delao, Ramon N. Delao, Ana Mendoza, and Javier Mendoza, for
La Casita Restaurant, 72-785 Highway 111, #B1, Palm Desert.
Rec: Receive and file.
F. REQUEST FOR APPROVAL of Agencies that Provide Temporary Staffing
Services for Fiscal Year 2004/05.
Rec: By Minute Motion, approve of the temporary staffing services provided
to the City of Palm Desert by Power Personnel, Rancho Mirage,
California (students and general clerical assistance), and Manpower,
Palm Desert, California (manual laborers/custodians), for
FY 2004/05 — funds are available in Account No. 110-4154-415-3036.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
G. REQUEST FOR APPROVAL of the Purchase of Fertilizer Supplies for
Fiscal Year 2004/05.
Rec: By Minute Motion, approve the purchase of fertilizer supplies from
Golf Ventures West, Bermuda Dunes, California, for the remainder of
FY 2004/05 — funds are available in various accounts for landscaping
and maintenance for this purpose.
H. REQUEST FOR APPROVAL of the Purchase of Irrigation Supplies for Fiscal
Year 2004/05.
Rec: By Minute Motion, approve of the purchase of irrigation supplies from
United Green Mark, Inc., Palm Desert, California, for the remainder
of FY 2004/05 — funds are available in various accounts for
landscaping and maintenance for this purpose.
I. REQUEST FOR AWARD OF BID for the Purchase of a One -ton Utility Body
Truck.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
J. REQUEST FOR AWARD OF CONTRACT for Water Feature Maintenance
at the Civic Center Park Lagoon and the Entrada del Paseo Water Feature
(Contract No. C22830, Project No. 908-XX).
Rec: By Minute Motion: 1) Award the subject contract to Diversified
Waterscapes, Inc., Laguna Niguel, California, in the amount of$1,520
per month; 2) authorize the Mayor to execute said contract — funds
are available in Account Nos. 110-4610-453-3320 and
110-4611-453-3370.
K. REQUEST FOR ACCEPTANCE OF PROPOSAL for the Vertebrate Pest
Control in the Palm Desert Civic Center Park, Soccer Park, Ironwood and
Haystack Parks.
Rec: By Minute Motion, accept the proposal by Rudy's Termite & Pest
Control, Indio, California, in the amount of $870 per month for
Vertebrate Pest Control in the named parks for the remainder of
FY 2004/05 — funds are available in various parks maintenance
accounts.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
L. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C20851 — Consolidated Landscape Maintenance Area No. 7.
Rec: By Minute Motion: 1) Allocate $805 per month from unobligated funds
to the respective Landscape and Lighting Assessment District
accounts; 2) approve Change Order No. 2 to the subject contract with
Garza Landscaping, Inc., Indio, California, in the amount of $805 per
month and authorize the Mayor to execute same for the landscape
maintenance of Palm Court, The Boulders, College View Estates,
Petunia 1, and Sundance East Landscape and Lighting Assessment
Districts, thereby adding them to the subject contract — funds are
available in the respective Landscape and Lighting Assessment
District accounts.
M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C21040 — Design of Landscape Improvements for the Magnesia Falls
Drive Bridge and Street Improvements (Project No. 648-99).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C22520 — Citywide Palm Tree Pruning.
Rec: By Minute Motion: 1) Authorize the transfer of $2,633.05 from
contingency to base for the subject project; 2) allocate $15,881.75
from unobligated funds from Landscape and Lighting Assessment
District accounts. and Account Nos. 110-4610-453-3320,
110-4611-453-3320, 110-4611-453-3370, and 110-4611-453-3371;
3) approve Change Order No. 1 in the amount of $18,514.80,
including contingency, to the subject contract with TruGreen
LandCare, Upland, California, for pruning of additional trees.
O. REQUEST FOR APPROVAL of Estimated Expenditures Under the Police
Supplemental Law Enforcement (SLEF-Cal COPS) Grant for FY 2004/05.
Rec: By Minute Motion, concur with the recommendation of Lt. Thetford to
approve the list of estimated expenditures for the City of Palm Desert
Police Supplemental Law Enforcement Funds (SLEF - Cal COPS)
Grant for FY 2004/05.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
P. REQUEST FOR APPROVAL for the Desert Cities Track Club's Sixth Annual
"Turkey Trot."
Rec: By Minute Motion, authorize the Desert Cities Track Club to stage
their sixth annual "Turkey Trot" in the City of Palm Desert on
Thursday, November 25, 2004 (Thanksgiving Day), from 7:30 a.m. to
9:30 a.m.
Q. REQUEST FOR AUTHORIZATION to Possess and Consume Wine in
Connection with North Wing Art Gallery Receptions for the "Twenty Years of
Pointillist Photography" and "Snapshot III" Exhibitions.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
R. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C20991 — Consolidated Landscape Maintenance Area No. 5.
Rec: By Minute Motion: 1) Allocate $37,250 from unobligated Park
Maintenance Account No. 110-4610-453-3320; 2) approve Change
Order No. 2 in the amount of $3,600 per month for eight months for
mowing and $4,850 per year for over -seeding the Civic Center Park
turf to the subject agreement with Steven Burt & Associates, Bermuda
Dunes, California, and authorize the Mayor to execute same.
S. INFORMATIONAL ITEMS:
1. Report Regarding Effectiveness of Pedestrian Countdown Signals
Councilman Kelly asked that Item I be removed for separate discussion under
Section XI, Consent Items Held Over. Councilmember Benson removed Item M for
separate consideration, and Mayor Pro Tem Crites removed Item Q for separate
consideration.
Upon motion by Crites, second by Benson, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote.
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
XI. CONSENT ITEMS HELD OVER
I. REQUEST FOR AWARD OF BID for the Purchase of a One -ton Utility Body
Truck.
Councilman Kelly asked whether this was an alternative fuel vehicle.
Maintenance Services Manager Tom Bassler responded that the one -ton
vehicles were no longer available in alternative fuel models. He said that as
of the 2005 models, all alternative fuel models were discontinued, as the
manufacturers were putting their effort into manufacturing hybrid vehicles.
Mayor Pro-Tem Crites moved to, by Minute Motion, award the subject purchase to
Ramsey Street Ford, Banning, California, in the amount of $40,632.14 — funds are
available in the FY 2004/05 Equipment Replacement Fund Budget. Motion was seconded
by Spiegel and carried by a 5-0 vote.
M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C21040 — Design of Landscape Improvements for the Magnesia Falls
Drive Bridge and Street Improvements (Project No. 648-99).
Councilmember Benson questioned what was happening with the gate along
the north side of Magnesia Falls, which she assumed was a fire gate. She
said it appeared to be unfinished, there was no door, and there was just wire
hanging down.
Landscape Manager Spencer Knight responded that staff would look into this
issue and report back to Council.
Councilmember Benson moved to, by Minute Motion: 1) Authorize the transfer of
$2,484 from contingency to base for the subject contract; 2) allocate $4,916 from
unobligated funds to Account No. 110-4300-413-3010; 3) approve Change Order No. 1
in the amount of $7,400 to the subject agreement with David Evans & Associates,
Palm Desert, California, and authorize the Mayor to execute same, with staff asked to look
into the gate along Magnesia Falls [on the north side of the street, possibly a fire access?];
appears to be unfinished.) Motion was seconded by Crites and carried by a 5-0 vote.
Q. REQUEST FOR AUTHORIZATION to Possess and Consume Wine in
Connection with North Wing Art Gallery Receptions for the "Twenty Years of
Pointillist Photography" and "Snapshot III" Exhibitions.
Mayor Pro Tem Crites asked that staff put together, on an annual basis, a list
of the various exhibits/receptions so that these various requests do not have
to come to Council so many times during the year.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
Mayor Pro Tem Crites moved to, by Minute Motion, permit the possession and
serving of alcoholic beverages in connection with the subject receptions to be held on
September 21, and October 12, 2004, respectively, with staff asked to submit reception
dates on an annual basis. Motion was seconded by Benson and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 04-89 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A
CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION - CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL - CITY OF
PALM DESERT.
Mr. Ortega reviewed the staff report, noting this amendment was necessary
so that the retirement system complies with recent State law with regard to
enhanced retirement options. He said staff was available to answer any
questions.
Councilman Kelly moved to waive further reading and adopt Resolution No. 04-89.
Motion was seconded by Ferguson and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1074 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 24 OF THE PALM DESERT MUNICIPAL
CODE BY AMENDING SUBSECTION B (9) OF SECTION 24.12.040
REGARDING FUGITIVE DUST CONTROL (AMENDING ORDINANCE
NO. 1056).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1074.
Motion was seconded by Benson and carried by a 5-0 vote.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE DESIGN
SERVICES FOR THE RENOVATION OF 12 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICTS AT VARIOUS LOCATIONS IN THE CITY OF
PALM DESERT (CONTRACT NO. C23040, PROJECT NO. 936-04).
Mayor Pro Tem Crites moved to, by Minute Motion: 1) Award the subject contract
to David Evans and Associates, Inc., Ontario, Califomia, in the amount of $57,750;
2) authorize a 10% contingency for the project in the amount of $5,775; 3) authorize the
Mayor to execute said contract — funds have been budgeted in Fund Nos. 400, 850, 851,
and 853 for FY 2004/05. Motion was seconded by Kelly and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
A. CONSIDERATION OF SIDEWALK AND BIKE LANE ON GRAPEVINE
STREET (Continued from the meeting of August 26, 2004).
Councilman Ferguson moved to continue this matter to the meeting of
December 9, 2004. Motion was seconded by Kelly and carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF THE VACATION OF A PORTION OF PUBLIC
RIGHT-OF-WAY KNOWN AS FRANKONIA COURT (J. W. Design &
Construction, Inc., Applicant).
Mr. Ortega reviewed the staff report and offered to answer any questions.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this matter. With no testimony offered, he declared the
public hearing closed.
Councilman Kelly moved to waive further reading and adopt Resolution No. 04-90,
vacating a portion of public right-of-way known as Frankonia Court, under provisions of
Part 3, Division 9, of the Streets & Highway Code of the State of California. Motion was
seconded by Benson and carried by a 5-0 vote.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
B. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT, ORDINANCE NO. 907, TO REDUCE THE
MINIMUM AGE FOR OCCUPANTS OF VILLA PORTOFINO FROM
62 YEARS TO AGE 55 YEARS AND AMENDMENT TO CONDITION NO. 10
OF THE DEPARTMENT OF PUBLIC WORKS CONTAINED IN CITY
COUNCIL RESOLUTION NO. 99-19, RELATING TO OFF -SITE MEDIAN
IMPROVEMENTS (73-755 COUNTRY CLUB DRIVE)
Case No. PP/CUP 98-21 Amendment (Villa Portofino/Royce International
and Mike La Melza, Applicants).
Planning Manager Steve Smith reviewed the staff report in detail and offered
to answer any questions. Upon question by Councilman Kelly, he said the
applicant would be installing the entire median, both the north and south
halves, and the City would install the landscaping and perform the
maintenance, where typically the developer would do half the median
installation and half of the planting.
Councilmember Benson asked what happened with the complaint registered
by Villa Portofino at the open house regarding the distance from the street
to the first unit. Mr. Smith responded that staff had looked into this and
found that it is done according to plan relative to setbacks and height of the
units. When the development was approved, the grading plan required that
the site be set three feet below the elevation along Country Club, and that
had been done.
With regard to the housing component, Councilman Ferguson asked if there
was any difference in the number of affordable units for needy seniors when
doing a project at age 62 versus age 55, and Mr. Smith responded that it was
the same. Councilman Ferguson asked how many units $729,000 would
equate to, and Mr. Drell responded that it was equivalent to 15% of the total
number of units.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this matter. With no testimony offered, he declared the
public hearing closed.
ayor Pro Tem Crites moved to waive further reading and: 1) Pass Ordinance
No. 1075 to second reading, approving an Amendment to the Development Agreement,
reducing minimum age for occupants of Villa Portofino from 62 years to 55 years; 2) adopt
Resolution No. 04-91, approving an amendment to the Conditions of Approval, specifically
Public Works Department Condition No. 10 of City Council Resolution No. 99-19, regarding
median improvements adjacent to Villa Portofino at 73-755 Country Club Drive. Motion
was seconded by Kelly and carried by a 5-0 vote.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
C. CONSIDERATION OF THE APPROVAL OF A SECOND UNIT IN A
SINGLE-FAMILY RESIDENTIAL ZONE AT 44-536 PORTOLA AVENUE
Case No. CUP 02-15 (Jerome M. Beauvais, Applicant).
Following is a verbatim transcript of discussion and testimony for the subject item.
RAS Mayor Robert A. Spiegel
CLO Carlos L. Ortega, City Manager
FJU Francisco Urbina, Associate Planner
BAC Mayor Pro Tem Buford A. Crites
JF Councilman Jim Ferguson
PD Phil Drell, Director of Community Development
JB Jerome Beauvais, Applicant
DK Douglass Kopp
KH Kim Housken
HC Homer Croy, ACM for Development Services
AH Amir Hamidzadeh, Director of Building & Safety
JMB Councilmember Jean M. Benson
RDK Rachelle D. Klassen, City Clerk
RAS Next public hearing is consideration of the approval of a second unit in a single-
family residential zone at 44-536 Portola Avenue. May we have a staff report...
CLO Mr. Mayor, you may, if you wish, wish to consider all...
RAS All three of them together...
CLO They're related. Yes, sir.
RAS Alright, let's do that. Unless the Council has any objections, we'll consider C, D
(which is the second unit in a single-family residence at 74-041 San Marino Circle),
and E (consideration of the approval of a second unit in a single-family residential
zone at 74-060 San Marino).
FJU Good afternoon, members of the City Council, Francisco Urbina, Planning
Department staff. Conditional Use Permit #02-15 is located at the southeast corner
of Portola Avenue and El Cortez. This is a picture of the project site, looking south
at the project site from El Cortez Avenue. Where the car is parked is where the
Architectural Review Commission approved a carport to provide for covered parking
for the second unit. As you may recall, the City Council directed staff to continue
reviewing these second unit cases under the old second unit ordinance. In July of
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
last year, or in June of last year, 2003, the new second unit ordinance took effect;
however, since these three cases were filed over two years ago, and it was the
applicant's desire to continue to be reviewed under the old second unit ordinance,
we have done so. The City Council last held a public hearing on these three cases
on November 13, 2003, the Council directed that the cases go back to a public
hearing before the Planning Commission. That public hearing did occur on July 20'h
of this year. The Planning Commission recommended on all three of the cases that
the City Council approve the second units. This is one of the sites...let me show
you these other... This is looking at Conditional Use Permit #02-16 at 74-041 San
Marino Circle. This is a recently constructed driveway with paved ribbon strips. The
applicant did construct the carport since the last Council meeting at this location;
however, he has not completed the concrete driveway underneath the carport. The
staff has attached a condition of approval to this conditional use permit that requires
that the paved driveway be completed. On all three properties, the applicant has
taken care of previously existing building code violations, so that has been satisfied
for all three properties. This is another view of the carport that the applicant
constructed at 74-041 San Marino Circle. The third Conditional Use Permit #02-17
is located at 74-060 San Marino Circle. This is a view of the project site looking
north from San Marino Way. The location here is an existing garage, approximately
20 feet by 20 feet. That garage only has a single width, eight -foot -wide, door. The
applicant has agreed to a condition requiring him to replace that single width door
with a two -car -wide door and to provide a paved driveway in order to meet the
covered parking requirements for a second unit. At the same property, at 74-060
San Marino Circle, the applicant did take out building permits and did receive his
final for a one -car carport at this location. The applicant recently poured concrete
ribbon strips and will be filling in the middle with gravel. On all three cases, the
Planning Commission recommends that the City Council adopt a resolution
approving all three conditional use permits with the conditions attached, including
a condition the Planning Commission amended...they want that within 60 days, if
these three conditional use permits are approved, they want within 60 days the
applicant to have tenants that are 60 years of age or older. On two of the
properties, the applicant has indicated to staff that the existing tenants are under 60
years of age, so it would involve bringing in new tenants. That concludes staffs
presentation.
RAS Any questions of staff? Mayor Pro Tem Crites.
BAC Are these the last applications, not just from this applicant, but period that will come
to us from the "old ordinance"?
FJU Correct because under the new ordinance, no public hearing is required, just review
of the architecture of the second unit before the Architectural Review Commission,
but per State law, we can no longer require a public hearing for second units.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
BAC And are all of the other things that are listed in your staff report (1,2, 3, 4, 5, 6,
7)...do those still apply in the new ordinance?
FJU Not all of those still apply in the new ordinance. One of the most significant
differences between the old ordinance and the new one is that under the new
ordinance, the main or primary unit has to be owner occupied in order...before we
can approve the second unit. Obviously, since the applicant owns three properties,
he cannot live in three properties, and that's one of the reasons he wants to
continue to be reviewed under the old ordinance which did not have the requirement
that the main unit be owner occupied. That's one major difference. Another is that
the old ordinance required two covered parking spaces fora second unit. Under the
new ordinance, a covered parking space is required for each bedroom provided.
BAC Are those...so, as an example, if you went down #2, #3, and #4, are those the same
in the new ordinance?
FJU No...for example, #3 says the second unit, under the old ordinance, shall not result
in an increase of more than 10% in the existing living area. Under the new
ordinance, there is a minimum square footage for the second unit of 600 square feet
and that it cannot exceed more than...I believe it's a certain percentage of the floor
area of the main unit.
BAC Okay. #4?
FJU #4 under the old second unit ordinance reads the unit shall be for rental purposes
only and shall be reserved for occupancy of one or two persons who are 60 years
of age or older. The new ordinance does not have any age restriction.
BAC Thank you.
RAS Any other questions of staff? I have one. I noticed that the vote on one of the
buildings in the Planning Commission vote was 4-1, with Commissioner Finerty
dissenting. Was that true with the other two?
FJU Yes.
RAS So all three were 4-1.
FJU Correct.
RAS Thank you.
JF In reading my staff report, he has converted these all back to single units and is now
seeking permission to bifurcate them back into two units?
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
FJU Correct.
JF Okay. What happened to all the tenants from the previous illegal second units? Did
they move out?
FJU In two of the units, I believe he still has tenants. On the third one, I think some
tenants moved out, but perhaps the applicant can answer that question.
JF Okay. And the second question I have is do we have the ability under the old
ordinance, the new ordinance, or under the pending legislation that's on the
Governor's desk, the ability to require a certificate of occupancy prior to people
occupying the second units?
FJU I'm not sure.
PD It's a little bit complicated in that you can rent out a room to somebody, without a
kitchen, and it's not considered to be two units. So the definition of how many
people are occupying or their relationship as occupant in a house is a different one
than physically whether two units exist. Two units exist, by definition, of having a
full kitchen...stove, refrigerator, sink installed in the kitchen.
JF Okay, so assuming you do that, and you're officially a second unit, is there a C of
0 attached to it?
PD Yes.
JF Okay.
PD Yes.
JF And are all these officially second units being proposed?
PD Yes.
JF So if Mr. Beauvais for some reason doesn't do the things that he's conditioned to
do, we can...our leverage is the C of O.
PD Correct.
JF Okay.
RAS Any other questions of staff? This is a public hearing. I will open the public hearing
and ask if Mr. Beauvais would like to address the Council.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
JB Thank you, Mayor Spiegel. My name is Jerry Beauvais. I live at 74-060 San Marino
Circle. I would only like to state that the units have been turned back into single-
family dwellings, but in two of the units, there are single parents raising children.
One of the them has been there so many years that the child doesn't know any
other residence. She's eight years old now. And I would...I would request that
rather than putting these people out, that by attrition they be allowed to stay, and
when they leave, then I meet the requirements set forth by the Council regarding
age. I would hope the Council could find it possible to let these single parents keep
their children in these houses. The kids are integrated in the neighborhoods and
their schools, and that certainly is the only request that I have.
RAS Thank you. Jim, do you have a question? Anybody have any question they want
to ask of Mr. Beauvais? Thank you very much.
JB Thank you.
RAS This is a public hearing. I have a note from Doug Kopp who would like to address
the Council.
DK Douglas Kopp, 44-870 Cabrillo in Palm Desert. Good afternoon, members of the
City Council. I would just like to address three of the applicant's...I would like to
address all these three properties at once since that's the way you're going about
it. These three properties started out as code violations two years ago. One of the
violations was they were duplexes. Another one of the violations was his driveways
had to be paved. Today, 26 months later, Mr. Beauvais is pouring concrete, which
you saw in some of these pictures, to meet that code requirement. I mean, 26
months seems like a long time, and they're still not completed. I think the City has
bent over backwards for Mr. Beauvais, and this has drug on far too long. I urge you
to deny these CUP's. Thank you.
RAS Thank you very much. Anybody have any questions of Mr. Kopp? Thank you. Is
there anyone else who would like to speak for or against the proposed three
developments?
KH Good afternoon. Kim Housken, 73-237 Somera.
RAS Would you pull the microphone down to yourself...
KH Certainly.
RAS Thank you.
KH It was last November that we all met to discuss these, and we were assured that by
the end of January all these violations would be dealt with, and I'd like to just again
point out...you know, eight months later...as far as I'm concerned, the staff report
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
SEPTEMBER 9, 2004
claims that all the violations have been solved, but I do not believe they have in that
the paving...it says...it even says on the staff report, at least for the one San Marino
property, that the paving has been completed, but clearly, you know, Mr. Urbina
showed today that that wasn't true. It still is not completely paved. As well, there's
a utility trailer that was against the code violation that is still parked in there. I think
this is blatant disregard for coming into compliance with the City...I just don't see
how that should be rewarded. I would recommend that you deny these CUP's, give
the applicant time to clean up all the properties, and additionally address this other
property that's on Portola that I believe is considered a high hazard nuisance, public
nuisance, it's visible along the beautiful wall that the City's installed...that's been
sitting there for two years. And I'm just wondering how much longer this is going to
drag on if this applicant is again afforded the luxury of being the owner/builder on
multiple properties simultaneously. I think, perhaps, that's something we could
learn from this long, lengthy process. Perhaps it isn't a good idea to allow one
person to be an owner...I mean, I'm sorry, not an owner, occupant...l'm sorry,
owner/builder...I apologize...an owner/builder. Looking at the City code for
owner/builder, it specifies that a person...actually, I don't have it here...in which the
legal owner and in which such residence he resides or intends to reside. I don't...it
doesn't say plural of residences, and I don't see how he could intend to reside in
multiple units simultaneously. And, again, I think that is certainly what has caused
this process to drag out for as long as it has. So I would urge you to deny these,
perhaps get a contractor in here and get this work done, and then once perhaps all
four properties are up to code, then come in and apply for the second units. Thank
you for your time.
RAS Thank you very much. Mr. Beauvais, do you wish to again speak?
BAC Why don't we let staff respond?
RAS Alright, let staff respond, okay. Staff, can you respond?
FJU As I mentioned in my presentation in the staff report, all previously existing building
code violations have been resolved. The paving issue is a zoning ordinance and
not a building code violation, but Mr. Beauvais has indicated that he is wiling to
comply with the condition requiring that.
PD My understanding is now that the driveway under this carport is completed, has
been paved, yes, as of today.
JF I have a bunch of questions...
PD Relative to the other things, the building code issues, Mr. Croy will...
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
HC The issue with the owner occupancy requirement, that is...in our ordinance has
been superceded by State law, which no longer requires owner/builder to occupy
the building.
BAC So we can't enforce that?
HC No, sir, they are allowed to build up to four units per year as owner/builder.
RAS Is there anybody that wishes to...
AH In addition to that fact, we did also receive a letter from Mr. Beauvais telling us that
his intention is to move into the other unit because he was doing it for phases, every
single family at a time, to intend to reside in the other ones anyways, but Mr. Croy's
point is valid as is.
RAS Thank you. Anyone else that wishes to address the Council on this matter? Seeing
no one, I'II close the public hearing, and now I'll ask for comments from Council.
JF Well, I had a couple more questions for staff, if that's alright, that were raised by the
public testimony. If these are approved, is there a time certain within which the
requested improvements shall be made?
PD The conditional use permit must be implemented within a year, or he has to get an
extension of it, so he...l can either...
JF Implemented or just vested?
PD No, he has to...he has to begin construction...again, typically, we have a hard time
forcing people todo a project...you know, they get approval for a project, if they
don't do it, over a period of time the project expires and then disappears.
JF And if they don't do the conditions that we've put in the conditional use permit...
PD Then they can't occupy the property per the use that has been approved. They
cannot have a rentable second unit until the unit is completed per the conditions.
JF Okay, well the comment that sure resonates with me by both Mr. Kopp and
Ms. Housken is that it all sounds good when we're in here, and then years go by
and we are right back in the same spot. And if these double units became single
units because somebody unplugged the stove and moved somebody into another
room, but effectively nothing's changed, we can approve these CUP's and there's
nothing to require him to alter his current situation accept when he feels like it
because it'll still be "one dwelling unit" until he actually gets around to doing some
of these things that we're asking.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
PD And just as in the neighborhood just to the south of us, we have many multiple
households living in single-family homes, and we don't regulate that, but they're not
legally divided into second units because they don't have separate living facilities.
JF Right, but he is proposing separate kitchens as an official residential dwelling...
PD Exactly, and for those areas to be reoccupied as rentable second units, all of the
conditions and improvements, again, which are...the primary improvements that are
required is to, in essence, reseparate the units, reinstall the kitchens, finish the
additional parking. Some of the units already have the additional carports built, the
other ones he'll have to build. And he is now understanding that he is under
binoculars, he is under a magnifying glass, and all those improvements will have to
be done in a reasonable timely manner before they can occupy the second units.
JF But we have no way to enforce it or keep it...basically, he can do whatever he
wants.
PD Just like...
JF He has (inaudible)
PD Just like properties all over the City can do whatever...it's just that we're going to
be...it's just that we're going to be...obviously he's being looked at far more, you
know, closely than anyone else, and his...those additional improvements are not
particularly onerous, with the exception of the...or costly, with the exception of the
building of the carports, which he has designed...he has pulled his permits for them
and is waiting to build them pending this approval. So I think, I think Mr. Beauvais
is not particularly anticipating with any relish coming before this Council again.
think his experience has been sufficiently negative that in those that were...he's
being watched very closely, and that he's...whether it's now or two years from now,
he doesn't want to come back and revisit this question.
JF I know, but my question goes to do we even have a legal basis to require him to
come back here if we approve these?
PD If they are again being rented out, with full kitchens, as rentable units, then he's
back in the same position he was before, with a part difference, he would...if this
approval expires without it being completed, he comes back underthe...and it would
then have to come back under our new ordinance, which...and you're right, the
State law is changing on a daily basis. It's conceivable that he would be subject to
whatever new ordinances, whether it requires owner occupancy or not or...some of
these units are probably, and I'm not sure how the new ordinance, the new State
law, deals with unit size...some of these sizes would not conform to our new
ordinance or I'm not sure what the new State law...
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
JF I'm aware of all that, I just...
PD Yeah, so...
JF I'd like to ask Mr. Beauvais a question directly. What time frame do you plan on
completing these improvements?
JB Mr. Ferguson, except for the two carports that need to be built, all the improvements
are there except for the separation of the electrical. The stoves were removed so
that they wouldn't be considered secondary units. It is, in fact, I believe the code
states that if there is a stove, it becomes a kitchen, and so the kitchens are there,
but the stoves are not, so...
JF Let me ask it this way...when do you anticipate coming and getting certificates of
occupancy?
JB As fast as I can. I need to...l need to move forward, I need to move forward on this,
sir.
JF So would you say June 30th of '05 not be too restrictive?
JB No, sir.
JF Okay, so you would be amenable to us coming back and checking on you some
nine months from now to make sure that you've made progress?
JB Absolutely.
JF Okay.
RAS Mayor Pro Tem Crites.
BAC Let me ask Mr. Drell a question, if I may. When we started this process, we had a
whole pile of stuff, including electric in the walls and we didn't know what it was and
this...there were Health & Safety Code...that's all tended to.
PD My understand from the Building Department...they went and opened up his walls,
and that's all been attended to.
BAC So Health & Safety's done.
PD Health & Safety's done.
BAC So what things does the applicant have to do..:he has a couple carports to build?
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
SEPTEMBER 9, 2004
PD He has to separate the electrical systems. He has to reinstall the stoves. He has
to, you know, he had to basically open up doors between these parts of the house
(inaudible)...
BAC That's interior. What else (inaudible)
PD I don't...
BAC He has to put some gravel...
PD That's probably it, that's probably it.
BAC So carports and put some gravel between the concrete strips.
PD Right.
BAC That's it?
PD That's it. And probably the main thing is redoing the electrical.
HC The electrical doesn't need to be done unless the CUP's are approved. They are
currently wired for a single-family home. If they're converted to the second unit,
there would need to be a separation at that time.
BAC Okay. So you can't do that until we make a decision here, or you'd be in violation.
RAS Any other questions of...yes...
FJU Mayor Spiegel and members of the Council. I wanted to point out that the Planning
Commission shared some of your same concerns about when would Mr. Beauvais
complete some of the required improvements like the construction of the new
carports. The resolution for each of the three Conditional Use Permits has a
condition that requires that a carport, the required carport, and the replacement of
that garage with a one -car -wide door with a two -car -wide door be completed within
six months from the date of the Conditional Use Permit if it is approved. I just
wanted to point that out.
RAS Any other comments? Yes, Mayor Pro Tem Crites.
BAC If, without judging whether we should say yes or no, if there is a motion to approve,
I would ask that we grant the applicant's request to meet the age requirement by
attrition. I don't we do a darned thing by kicking out somebody who's 33 and putting
in somebody who's 60 just so we can say it's met an age requirement and
somebody who's been there. Right, wrong, none of this has a darned thing to do
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
with the two or three people or however many it is that are there, and I find that
something that I don't think does us any credit, personally.
RAS Okay.
JMB I agree.
RAS Any other comments from any other...
JF Yeah, I would make a motion to approve all three subject to Mayor Pro Tem Crites's
comment. I, too, don't have any desire to take single parents and an eight -year -old
from the unit, however they got there and whatever fault may fall on the landlord.
I'm not sure whether we do that by a variance or an exception or whether our old
ordinance even has any teeth to it, but I (inaudible) for the folks in the audience that
the law in this area has been a moving target, and our original ordinance was written
because we didn't want a lot of second units. Our newer ordinance was written to
try and conform with State law and still put teeth into not turning every homeowner
into a landlord and doubling the densities of all of our residential neighborhoods.
There is legislation on the Govemor's desk now, which I told tonight, it needs to be
signed within ten days, that will gut our ability to do anything with these homes. So
the fact that Mr. Beauvais has at least attempted to comply with our original
ordinance, which is 1 suspect going to be toothless here very shortly, is something
more than we would be entitled to in the very near future. So my concern just
comes with will you actually do what you tell us you're going to do. And I've got to
be honest with you. Your track record in that regard hasn't been sterling, and I'm
going to take your word and your moral obligation to do that, and I will pay a nice,
friendly chat with you on June 30'h if you don't have your C of O's by then and see
how we can work it out. But I think your neighbors just want the properties cleaned
up, the neighborhood to look nice, and for folks to get on down the road. With that,
I'll make my motion.
JMB I'II second it.
RAS Any other discussion? Seeing none, we have a motion to approve. Please vote.
RDK For the Clerk's benefit, do 1 understand that to mean that you're giving...sounds like
Planning Commission suggested six months, but we're going to give him nine,
closer to nine?
JF 1 don't think...1 personally am going to visit in nine months. What the City does is...
RAS The motion was for nine months?
JF No, the...1 think the...we were just told that the condition for the garage door was six
months. I don't want to change that.
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
FJU Six...
RDK Okay
FJU Yes, carports were to be completed within six months.
RDK Thank you.
RAS The motion is for six months for the carports. Please vote.
RDK Motion carries 4-1, Councilman Kelly voting NO.
SEPTEMBER 9, 2004
BAC Before we move on, I'd ask staff to take a look-see...if there's a "utility trailer" or
something parked on that property that's not supposed to be there, that's a code
enforcement issue, and it shouldn't take 90 days or 60 days or...it should be taken
care of...
HC We will take care of it.
BAC It's gone, as if by magic, as if by magic.
For clarification purposes, Councilman Ferguson moved to waive further reading
and adopt Resolution No. 04-92, approving Case No. CUP 02-15, subject to the attached
conditions, including the amended requirement regarding tenant age. Motion was
seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO.
D. CONSIDERATION OF THE APPROVAL OF A SECOND UNIT IN A
SINGLE-FAMILY RESIDENTIAL ZONE AT 74-041 SAN MARINO CIRCLE
Case No. CUP 02-16 (Jerome M. Beauvais, Applicant).
Please see verbatim transcript under Public Hearing "C" above for discussion
and action.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-93, subject to the attached conditions, including the amended requirement
regarding tenant age. Motion was seconded by Benson and carried by a 4-1 vote, with
Councilman Kelly voting NO.
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
E. CONSIDERATION OF THE APPROVAL OF A SECOND UNIT IN A
SINGLE-FAMILY RESIDENTIAL ZONE AT 74-060 SAN MARINO CIRCLE
Case No. CUP 02-17 (Jerome M. Beauvais, Applicant).
Please see verbatim transcript under Public Hearing "C" above for discussion
and action.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-94, subject to the attached conditions, including the amended requirement
regarding tenant age. Motion was seconded by Benson and carried by a 4-1 vote, with
Councilman Kelly voting NO.
F. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM
OPEN SPACE PUBLIC RESERVE TO HILLSIDE RESERVE (1 DU/5 AC),
A CHANGE OF ZONE TO PRE -ZONE THE NORTHEAST CORNER OF
SECTION 5, T6S R6E, FROM RIVERSIDE COUNTY'S N-A (NATURAL
ASSETS, 1 DU/20AC)TO HILLSIDE PLANNED RESIDENTIAL (1 DU/5AC,
WITH A DRAINAGE, FLOOD PLANS & WATERCOURSE OVERLAY ZONE)
TO FACILITATE ANNEXATION TO THE CITY; A HILLSIDE
DEVELOPMENT PLAN/PRECISE PLAN TO ALLOW THE CONSTRUCTION
OF A 32,016 SQUARE FOOT SINGLE-FAMILY HOME, AND ADOPTION
OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE
PROJECT THERETO Case Nos. HDP/PP 04-21, GPA 04-02, and C/Z 04-04
(Hagadone Family Trust, Applicant).
Mayor Spiegel declared the public hearing open.
Mayor Pro Tem Crites moved to continue the public hearing to the meeting of
September 23, 2004. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Report on Sweden Conference and Victorville Power Plant.
Mr. Ortega noted the written report that was provided. He said the
City has been working towards obtaining a grant for City Hall and
Desert Willow. Additionally, it has been invited by a couple of cities
to join a JPA (Joint Powers Authority) to aggregate power needs or
even eventually get into the power -producing business. Staff is
coordinating a one and one-half day conference with the Energy
Coalition partners to strategize the City's approach to the grant
request submittal. He asked the City Council to appoint another of its
members to participate in the conference with Mayor Pro Tem Crites.
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
Mayor Spiegel volunteered to serve in this capacity.
Mr. Ortega said the conference was being planned for the end of
September or early October.
With City Council concurrence, Mayor Spiegel was authorized to work with
Mayor Pro Tem Crites and staff in the grant submittal conference with the Energy
Coalition.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Coachella Valley Mountains Conservancy (CVMC) —
Mayor Pro Tem Crites asked for his colleagues' consideration
of adding an item to the agenda, which would authorize the
Mayor to write a letter.
Upon a motion by Councilman Ferguson, second by Mayor Spiegel, and 5-0 vote
of the City Council, consideration of the matter was added to the agenda.
Mayor Pro Tem Crites shared a copy of a letter from CVAG's
Executive Director to the State Reorganization Commission,
Restructure, Funding, and Governance Commission regarding
elimination of land conservancies, including the CVMC. He
noted that the CVMC had brought a lot of bond money from
the State to the local area, in addition to being responsible for
a lot of creative funding for land purchasing. He asked his
colleagues to review the information, and if there are no
objections, to authorize the Mayor to write a letter that agrees
with that written by the Coachella Valley Association of
Governments.
Responding to Councilman Ferguson, Mayor Pro Tem Crites
said the elimination of the CVMC would preclude the City or
area from vying for State grants and bond money, such as the
recent $9 million received. He said it would also greatly inhibit
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2004
the ability to coordinate with agencies such as California State
Parks, California Fish & Game, and California Open Space
Commission, of which they are currently part of the
Conservancy program and, therefore, connected to local
issues. He added the Habitat Conservation Plan was a State
document, a Natural Communities Conservation Plan, and the
lack of connection to a State agency would prohibit
coordinated efforts. He noted that many of the members of the
Governor's Commission had already said they were unaware
that the elimination of certain Land Conservancies was
proposed. Additionally, he observed that the State Land
Conservancies with more legislators living within their territory
(i.e., Santa Monica Conservancy) were not being
recommended for elimination.
Mayor Pro Tem Crites moved to, by Minute Motion, authorize the Mayor to write a
letter of opposition to the State Reorganization Commission, Restructure, Funding, and
Governance's plan to eliminate Certain Land Conservancies, providing there are no
objections to doing so from the City Council. Motion was seconded by Councilman
Ferguson and carried by 5-0 vote.
o City Council Committee Reports:
1. Parks & Recreation Commission — Mayor Spiegel commented
that P & R Commissioner Julie Munson had been out for a
number of months due to illness. He said she was able to
retum to the Commission at yesterday's meeting, and he
invited his colleagues to see the City Council's Secretary to
sign a "Welcome Back" card for Ms. Munson.
Secondly, he said the P & R Commission was made aware of
some issues that had arisen with the Dog Park, specifically,
some dogs that weren't always good "canine citizens." He said
Mr. Drell would be chairing a group of representatives from the
Coachella Valley Recreation & Park District, Palm Desert
Police, Animal Control, P & R Commission, and attorneys to
develop a plan for how to deal with these situations. He said
the resulting recommendation(s) may be coming back to the
City Council.
o City Council Comments:
1. City Council Liaison Reports.
See above.
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
XIX. ADJOURNMENT
SEPTEMBER 9, 2004
Upon motion by Crites, second by Kelly, Chairman Spiegel adjourned the meeting
at 5:40 p.m.
ATTEST:
RACHELLE D. KLASS , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
1.�?€V2E46zefi,ERT A. SPIEM�bR
ROB
27